P. Sneddon v. WCAB (American Airlines, Inc.)

CourtCommonwealth Court of Pennsylvania
DecidedFebruary 4, 2021
Docket278 C.D. 2020
StatusUnpublished

This text of P. Sneddon v. WCAB (American Airlines, Inc.) (P. Sneddon v. WCAB (American Airlines, Inc.)) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
P. Sneddon v. WCAB (American Airlines, Inc.), (Pa. Ct. App. 2021).

Opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Peter Sneddon, : Petitioner : : v. : No. 278 C.D. 2020 : Submitted: September 25, 2020 Workers’ Compensation Appeal : Board (American Airlines, Inc.), : Respondent :

BEFORE: HONORABLE P. KEVIN BROBSON, Judge1 HONORABLE ANNE E. COVEY, Judge HONORABLE J. ANDREW CROMPTON, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY JUDGE CROMPTON FILED: February 4, 2021

Peter Sneddon (Claimant) petitions for review of the February 13, 2020 Order (Order) of the Workers’ Compensation Appeal Board (Board), affirming the February 26, 2019 Decision and Order of the Workers’ Compensation Judge (WCJ), denying the Claim Petition for Workers’ Compensation Benefits (Claim Petition) filed by Claimant against American Airlines, Inc. (Employer). I. Background On October 26, 2017, Claimant filed the Claim Petition against Employer, alleging he sustained a work-related injury on September 20, 2016, described as “[d]ifficult breathing, allergic reaction to uniform causing fatigue,

1 This case was assigned to the opinion writer prior to January 4, 2021, when Judge Brobson became President Judge. insomnia, issues concentrating, memory loss, irritability, rash affecting neck chest arms and hips, swollen eyes and face.” Reproduced Record (R.R.) at 2a. Claimant asserted that when he was provided with a new uniform2 by Employer, he “immediately had an allergic reaction, resulting in dermatologic, neurologic and pulmonary issues.” Id. Claimant seeks partial disability benefits from January 1, 2017, through March 30, 2017, and temporary total disability (TTD) benefits from March 31, 2017, ongoing. R.R. at 4a. Employer filed an Answer denying all the material allegations raised in the Claim Petition. R.R. at 6a-9a. The matter was assigned to the WCJ on October 30, 2017, and after taking evidence and holding hearings, the WCJ issued a Decision and Order, making the findings of fact and conclusions of law addressed in the narrative below. II. WCJ’s Decision and Order The WCJ summarized Claimant’s testimony as part of her findings that follow. The WCJ found that Claimant was hired as a customer service agent on June 4, 2007,3 but transferred to the position of flight attendant in October 2014. WCJ’s Decision and Order, 2/26/2019, Finding of Fact (F.F.) No. 2.a. Employer provided a new uniform, i.e., the Twin Hill uniform, to Claimant near the end of August 2016, and Claimant was instructed to fully transition to that uniform, beginning September 20, 2016. F.F No. 2.b. By mid-October 2016, Claimant began “to notice itching on his neck and chest, fatigue, and ‘a little bit of memory loss.’” F.F. No. 2.c. Claimant did not report his symptoms to anyone at the time because he did not draw a connection between the uniform and his symptoms until December 2016, “when he

2 The uniform is at times referred to in the record as the “Twin Hill” uniform because Twin Hill is apparently the name of the company that provided the uniforms to Employer.

3 Claimant was originally hired by US Airways before its merger with Employer.

2 noted that he would get worse at work, and he would be better when he was at home.” Id. Claimant was more fatigued than usual at the end of his work day. He noted that the itching he was experiencing progressed into a “chemical burn,” that he had hives, with welts on his neck and chest, and that he experienced a rash which spread to his neck, chest, and waist. Id. Claimant took a voluntary leave of absence from Employer in January and February 2017 to see if his symptoms would subside while he was not working, and although his symptoms improved, they did not completely disappear. F.F. No. 2.e. In addition, Claimant’s partner, who is a pilot for Employer, stopped wearing his uniform and disposed of it because of its effect on Claimant. F.F. No. 2.g. When Claimant returned to work in March 2017, he began wearing his former uniform; something that was permitted by Employer, but he continued to experience symptoms when he was in direct contact with flight attendants or others wearing the Twin Hill uniform. F.F. No. 2.h. He worked for the entire month of March 2017, and then stopped working. Id. Claimant could not recall if he sought medical treatment when he took leave from work in January and February 2017, but he sought treatment on March 31, 2017 – the date he stopped working. In April 2017, Claimant went to Columbia University Dermatology, where he was subjected to patch testing, prescribed hydrocortisone, and told to “completely avoid the uniform.” F.F. No. 2.i. Claimant testified to experiencing symptoms whenever he had contact with his partner’s uniform or a friend’s uniform. F.F. No. 2.k. He experienced respiratory symptoms after he visited a friend’s house where a Twin Hill uniform was kept in a closet. Id. Within the week prior to his deposition in this matter, Claimant had a visible rash on his neck and experienced itching. F.F. No. 2.l.

3 Claimant also experienced breathing difficulties from “certain cleaning products” and chemicals in “craft stores or hardware stores.” Id. Claimant did not notice any welts after he stopped wearing the Twin Hill uniform, and his other symptoms resolved after he stopped working. Id. However, he occasionally continued to experience insomnia. Id. Claimant testified, at an October 24, 2018 hearing before the WCJ, that he has worn three different uniforms while employed by Employer, but he never had any problems with the other two uniforms. F.F. No. 4.a. He testified that he felt better since discontinuing work and that he only experienced symptoms when exposed to the uniforms. F.F. No. 4.h. He testified that his partner is still employed as a pilot for Employer and is in contact with individuals who wear the new uniform. F.F. No. 4.k. Claimant acknowledged that his patch testing indicated he was sensitive to a preservative used in toiletry and cosmetic items, such as body creams, lotions, liquid soaps, shampoo, and conditioners. Id. However, Claimant testified he had not changed his cleaning or personal hygiene products in September 2016 and had never experienced symptoms around cleaning products or products used in the shower. F.F. No. 4.l. Claimant acknowledged that, after he began having problems with the new uniforms, he experienced general problems while in Walmart and Home Depot, including breathing issues and a rash on his neck. F.F. No. 4.m. Claimant presented the February 14, 2018 deposition testimony of Michael Attanasio, D.O. F.F. No. 5. Dr. Attanasio is certified by the American Osteopathic Board of Family Practice. F.F. No. 5.a. As part of his regular practice, Dr. Attanasio treats individuals with allergic reactions. Id. However, he is “not [b]oard [c]ertified in medical toxicology and is not an allergist or occupational medicine physician.” F.F. No. 5.m. Dr. Attanasio first evaluated Claimant on

4 November 9, 2017. F.F. No. 5.b. He took a detailed history from Claimant and reviewed Claimant’s medical records. F.F. No. 5.b. and 5.e. Dr. Attanasio reviewed the records from Drs. Geskin and Belsito of Columbia University. F.F. No. 5.e. Dr. Geskin recommended the patch testing, which was performed on Claimant by Dr. Belsito and which revealed that Claimant had allergic reactions to Reactive Red 238, Acid Red 359, and benzisothiazolinone, an agent used in cleaning and laundry products. Id. As a result, Claimant was advised “to avoid laundry products with this [chemical], as well as textile materials treated with both reactive and acid red dyes.” Id. Dr. Geskin recommended that Claimant remain out of work, and Dr. Attanasio agreed, noting that when Claimant is exposed to the uniform, “[it] is a permanent condition for him.” F.F. No. 5.f. Dr. Attanasio testified about a January 2018 letter that Employer received from the National Institute for Occupational Safety and Health (NIOSH) regarding the new uniforms. F.F.

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